6 New Challenges and Opportunities for the Future
It is now common knowledge that the beginning of the twenty-first century has been
characterised by unprecedented information technology development, particularly as
regards digitalization. The effects (including negative ones) of an increasing technological society have been discussed in-depth elsewhere.
64,65 Suffice it to say here
that this development is impacting all areas of the global economy, not least
shipping. The possibility of maritime autonomous
66 vessels becoming a reality to
one degree or another is today virtually unquestioned although its positive impacts
are debated. Indeed, there have already been at least two successful tests carried out,
firstly of a remotely controlled vessel
67 and then a fully autonomous vessel.
68 While
the ocean-wide use of fully autonomous vessels remains debatable, there is little
doubt that vessels with some level of autonomy higher than exists today, will be a
reality in the short to medium term, even if they are operated only in near-coastal
waters. Like all other contemporary disruptors, this new digital trend presents not
only new opportunities but also significant technical, social and legal challenges.
69
In the context of this chapter, the legal challenge to international regulation of the
education and training for the operation of ships with different levels of autonomy is
relevant. Current descriptions of autonomous operations, categorize such operations
at different levels—from a level with no automation, through different levels of a
mixture of human and autonomous technical control, to a fully autonomous (with no
possibilities of human intervention on board).
70 One can argue that the regulating of
seafarer education and training for the lower levels of autonomous ship operation
may be adequately covered by the existing international legal framework (with the
usual periodic amendments). However, when it comes to the levels where humans
are not present on board—where either the vessel is operated remotely or fully
64 Ellul (1964).
65 Ford (2015).
66 The word “autonomy” (and variants such as “autonomous) has historically been used to refer to
human will and decision making. For better or for worse, it has been appropriated in the current
technological society to refer to human-made machines which work without the direct intervention
of the human being at the operational level.
67 See
https://www.rolls-royce.com/media/press-releases/2017/20-06-2017-rr-demonstratesworlds-first-remotely-operated-commercial-vessel.aspx.
68 See https://www.rolls-royce.com/media/press-releases/2018/03-12-2018-rr-and-finferries-demon
strate-worlds-first-fully-autonomous-ferry.aspx.
69 For a contribution to the discussion about legality and liability of remote-controlled vessels, see
an analysis undertaken during the European Commission-funded Project “Maritime Unmanned
Navigation through Intelligence in Networks (MUNIN)”. See (http://www.unmanned-ship.org/
munin/wp-content/uploads/2013/11/MUNIN-D7-2-Legal-and-Liability-Analysis-for-Remote-Con
trolled-Vessels-UCC-final.pdf).
70 For example, Lloyd’s Register’s Autonomous Levels indicated in their “Design Code for
Unmanned Marine Systems”. The list was somewhat revised in 2018, but the original 2017, reflects
the dominant thinking in the industry.
490
M. E. Manuel and R. Baumler
It is now common knowledge that the beginning of the twenty-first century has been
characterised by unprecedented information technology development, particularly as
regards digitalization. The effects (including negative ones) of an increasing technological society have been discussed in-depth elsewhere.
64,65 Suffice it to say here
that this development is impacting all areas of the global economy, not least
shipping. The possibility of maritime autonomous
66 vessels becoming a reality to
one degree or another is today virtually unquestioned although its positive impacts
are debated. Indeed, there have already been at least two successful tests carried out,
firstly of a remotely controlled vessel
67 and then a fully autonomous vessel.
68 While
the ocean-wide use of fully autonomous vessels remains debatable, there is little
doubt that vessels with some level of autonomy higher than exists today, will be a
reality in the short to medium term, even if they are operated only in near-coastal
waters. Like all other contemporary disruptors, this new digital trend presents not
only new opportunities but also significant technical, social and legal challenges.
69
In the context of this chapter, the legal challenge to international regulation of the
education and training for the operation of ships with different levels of autonomy is
relevant. Current descriptions of autonomous operations, categorize such operations
at different levels—from a level with no automation, through different levels of a
mixture of human and autonomous technical control, to a fully autonomous (with no
possibilities of human intervention on board).
70 One can argue that the regulating of
seafarer education and training for the lower levels of autonomous ship operation
may be adequately covered by the existing international legal framework (with the
usual periodic amendments). However, when it comes to the levels where humans
are not present on board—where either the vessel is operated remotely or fully
64 Ellul (1964).
65 Ford (2015).
66 The word “autonomy” (and variants such as “autonomous) has historically been used to refer to
human will and decision making. For better or for worse, it has been appropriated in the current
technological society to refer to human-made machines which work without the direct intervention
of the human being at the operational level.
67 See
https://www.rolls-royce.com/media/press-releases/2017/20-06-2017-rr-demonstratesworlds-first-remotely-operated-commercial-vessel.aspx.
68 See https://www.rolls-royce.com/media/press-releases/2018/03-12-2018-rr-and-finferries-demon
strate-worlds-first-fully-autonomous-ferry.aspx.
69 For a contribution to the discussion about legality and liability of remote-controlled vessels, see
an analysis undertaken during the European Commission-funded Project “Maritime Unmanned
Navigation through Intelligence in Networks (MUNIN)”. See (http://www.unmanned-ship.org/
munin/wp-content/uploads/2013/11/MUNIN-D7-2-Legal-and-Liability-Analysis-for-Remote-Con
trolled-Vessels-UCC-final.pdf).
70 For example, Lloyd’s Register’s Autonomous Levels indicated in their “Design Code for
Unmanned Marine Systems”. The list was somewhat revised in 2018, but the original 2017, reflects
the dominant thinking in the industry.
490
M. E. Manuel and R. Baumler